AKBAR ALI Vs. BELA BIBI

JUDGEMENT

(1.) This is one of three appeals in a pre-emption suit against a decree of the District Judge of Azamgarh declaring that the appellant Musammat Bela had forfeited her preemptive rights, and giving a decree for possession of the preempted property in equal shares to two other rival claimants, one of whom is the respondent, Mir Akbar Ali.

(2.) The property, the subject of the pre-emption claim, consists of a 4 pie share which belonged to one Waris Ali. On October 20th, 1898, Waris Ali conveyed that property by sale to one Muhammad Ali, who is admittedly a "stranger."

(3.) Thereupon on October 2nd, 1899, the appellant Musammat Bela Bibi instituted a pre-emption suit against the vendor and vendee, and obtained a decree by consent on November 14th, 1899. The decree was for possession of the pre- empted property on payment of the sale consideration, Rs. 975, within a limited period to the vendee. Not having so much ready money available Musammat Bela Bibi on December 6th, 1899, mortgaged the pre-empted share for Rs. 1,500, paid the Rs. 975 into Court on December 8th, 1899, and was put into possession of the pre-empted share on January 7th, 1900.